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Name: In re R.J.
Case #: C056084
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/23/2008
Summary

Grandmother seeking de facto parent status was not entitled to an evidentiary hearing. Grandmother appealed the summary denial of her request for de facto parent status of two minors who were adjudicated dependent children of the court. She contended that the juvenile court erred in denying her request without a hearing. The appellate court rejected the argument, finding no authority for the proposition that a party requesting de facto parent status is entitled to a hearing upon making a prima facie showing. Even assuming grandmother was entitled to a hearing upon such a showing, grandmother failed to make such a showing here. Notwithstanding grandmother’s positive and loving relationship with the minors, the juvenile court could reasonably have concluded that grandmother’s involvement did not rise to the level of de facto status. Further, grandmother had not established that she had a constitutionally protected interest in the care and custody of the minors, so there was no due process violation.